The Insolvency Practitioner Training, Certification, Examination, Qualification Improvement, Attestation, Certificate Issuance And Renewal, Its Dissolution And Cancellation Procedures

Original Language Title: Maksātnespējas procesa administratora apmācības, apliecinājumu izsniegšanas, eksaminācijas, kvalifikācijas pilnveidošanas, atestācijas, sertifikāta izsniegšanas un atjaunošanas, tā darbības izbeigšanas un anulēšanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/179070

Cabinet of Ministers Regulations No. 598 in Riga in 2008 (28 July. No 53 29) the insolvency practitioner training, certification, examination, qualification improvement, attestation, certificate issuance and renewal, termination and cancellation of the order issued in accordance with the insolvency law of the third paragraph of article 14, article 15 of the fourth paragraph, the third subparagraph of article 16 and article 17, the fourth part i. General questions 1. determines the insolvency administrator (hereinafter referred to as the administrator) training, certification, examination, qualification improvement , attestation, the insolvency practitioner certificate (hereinafter certificate) and restore order, as well as its dissolution and cancellation procedures. 2. The rules referred to in paragraph 1 the tasks of public administration society of Latvian certified insolvency practitioner Association (hereinafter Association), based on the conclusion of a contract of delegation, and this task has passed the State Agency "insolvency administration" (hereinafter referred to as the sick pay administration). 3. a decision on the issue of the certificate, the administrator assumes the society based on administrator Certification Commission (hereinafter the Commission) ratings and other criteria laid down in these regulations. 4. the Commission shall consist of two representatives of the society, except for the society President, and three representatives of University academic staff who are specialized in any of the provisions referred to in paragraph 5. The composition of the staff of the Commission in accordance with the proposal of the President of the society shall be approved by the Minister of Justice. II. organisation of the applicant's training administrator qualification 5. a Person who wishes to obtain the administrator qualifications (hereinafter the applicant), to acquire the training program, which includes the following items (courses): civil law and civil procedure 5.1;
5.2. the administrative procedure;
5.3. the insolvency process;
5.4. the accounting and finance;
5.5. taxes and their administration;
5.6. the economics and business administration;
5.7. the labour law and the labour protection;
5.8. record keeping and archive. 6. The provisions referred to in paragraph 5 of the administrator program curriculum learning is a required prerequisite to sort the administrator exam (exam) and obtain a certificate. 7. not later than one month prior to the commencement of training in his home in the society places a notice on the internet about how to sign up, indicating the deadline set and payment procedures. 8. to log on to the training, the applicant up to the deadline set in the notice submitted the application in society. The application shall be accompanied by a document attesting payment for personal training administrator qualification. 9. the Association shall inform the applicant of the time and place of training, sending the notice no later than two weeks before the start of training. 10. If an applicant does not come to the training, pay for personal training administrator qualification is been refunded in full. To recover the amount paid by the applicant within one month of the commencement of the training shall be submitted in the application with the request the society to repay the money. The application specifies the account to which the money was transferred. 11. at the end of the training the society shall the applicant (annex 1). III. organisation of the applicant's examination administrator to obtain a certificate 12. Not later than one month before the exam in his society home page on the internet put the notice on applying for the exam, indicating the deadline set, payment arrangements as well as exam time and place. 13. to organize the exam, the applicant shall submit the application to the Association about applying the insolvency practitioner Qualification exam for sorting (annex 2) (hereinafter referred to as the application). The applicant the application shall be accompanied by the following documents (copies of submitted, exhibit the originals): 13.1. nationally recognized educational document on the second level of higher professional education in law or learning Government recognised document for the acquisition of higher academic education in law;
13.2. a description of work experience (CV);
13.3. the document certifying the State language skills at the highest level, according to the State language law, if a State language skills at the highest level, not evidence of deliverable Education Association documents;
13.4. proof of payment of the exam fee. 14. If the tenderer that rule referred to in paragraph 13 of the application and copies of documents submitted electronically, the applicant is obliged before the exam to show the original documents. 15. Documents filed by the applicant do not issue back. 16. The society shall consider the application and documents and not later than 10 working days after the receipt of the written notice to the applicant of the authorization or refusal of the sort the exam. In considering the applicant's submissions and documents, the society shall check whether the applicant is a society or insolvency administration issued a valid certificate. 17. The society shall not consider the documents presented, if the applicant's application is received with a request not to examine the application and documents. 18. the applicant denies the Association exam if there is any sort of following circumstances: 18.1. the applicant subject to any of the insolvency law article 13, second paragraph of the said limits;
18.2. the applicant has submitted all the rules referred to in paragraph 13 of the document;

18.3. the tenderer is not in these regulations provided a valid receipt. 19. the exam questions that matches the administrator training programme, the Commission shall be prepared, if needed, by experts of the sector concerned. Exam questions the Commission into line with the society's Chairman. 20. The society has the responsibility to organize and ensure the exam according to the progress of the procedures laid down in these provisions. The Commission is not allowed to participate in the exam. 21. the designated employee of the society (hereinafter employees) before the exam identifies applicants by checking identity documents, as well as record the applicant's name, surname and personal code of the insolvency practitioner exam applicants log in (annex 3) (hereinafter referred to as the register). Log in employee shall mark their candidates who did not appear for the exam. 22. If the tenderer that rule referred to in paragraph 13 of the application and a copy of the document is filed electronically, an employee before the exam checks that the original documents. If the applicant does not comply with this provision the obligation referred to in paragraph 14, the employee is not admitted to the exam candidates and made it sort of a question mark in the log. 23. Upon registration, the applicant occupies a place in space according to the indication of the employee. After the site conception employee applicants to receive your exam performance sheet (annex 4). 24. before the exam sort employee introduces candidates to the exam procedures. IV. Examination procedure of the assessment process, and the issue of the certificate applicant 25 exam in writing for this purpose, the appropriate spaces. The rooms provide society. 26. at the beginning of the exam at the invitation of the applicant employee pulls out a test ticket. 27. the applicant answers 10 questions. The answer is to prepare for the period of time specified on the ticket of the exam questions is 120 minutes. 28. at the end of the exam time or completing the reply before the specified time, the applicant shall give the employee an examination ticket and exam performance. 29. Worker exam performance first page label identification number of the applicant (the applicant's works are anonymous) and mark the log. Exam performance pages and ticket staff put the envelope, sealed and signed envelope on it. 30. The applicant after examination ticket and exam performance page transfer leave spaces that happened in the exam. 31. during the exam are not allowed: 31.1. help others or talk with others;
19.4. use communication features, portable and notebook computers (must be off);
31.3. using consumables, literature. 32. In exceptional cases, can allow for the duration of the exam out of the room at the same time not more than one tenderer. In this case the applicant his performance page and pass the ticket to the employee and the employee on the applicant's performance marks the out of fact sheet and time. Applicant response preparation time is extended. 33. If the applicant does not comply with the provisions referred to in paragraph 31, he warns staff and exam performance on the first page (under "notes") and log on the grade to be made alert. If the applicant after receipt of the notice of violation, the staff repeat the exam's performance on the first page (under "notes") and log entry made on that exam is not fine, and the applicant expelled from the room in which the examination. 34. After examination of employee registration journal, envelopes with applicant exam work pages and tickets handed to the President of the society. Log in to the examination paper for evaluation located at the President of the society and is not available for others. 35. the President of the society for the envelopes with exam performance and tickets shall be transmitted to the Commission not later than the working day following the exam. 36. following the recommendation of the President of the Commission's examination in evaluating the society as experts may invite persons who have practical work experience with the bankruptcy process-related field or in scientific teaching or work experience. 37. Each member of the Commission that evaluated the specific exam work in making the assessment, the evaluation of the examination paper signature sheet (annex 5). 38. The Commission has not evaluated the work of the examination and the examination paper evaluation sheet shall record that the exam is outstanding, if: 38.1. finds that the performance of the test page is indicated by their first or last name;
38.2. the exam performance pages in accordance with the provisions of paragraph 33 is a mark that the exam is outstanding. 39. Every answer to exam questions assessed by 10 point system. 40. the minimum amount of points that the exam during the evaluation of the work to be received by the tenderer to be arranged, the exam is 70 points. 41. If the applicant something to one answer receives a score of less than five points, the exam is outstanding. 42. each examination paper evaluation results of examination paper evaluation record page. This page adds the examination Commission. 43. If the applicant's request is received, the applicant shall be issued a specific examination paper evaluation page markup the parts of the statement, without specifying the assessor. 44. The Commission shall, no later than 10 working days after the examination of the site and receipt of the tickets submitted to the Chairman of the society's work reviews the exam. The President of the society, on the basis of a Commission assessment, 10 working days, shall take a decision on the issue of the certificate, or of the refusal to issue a certificate. 45. This provision of the decision referred to in paragraph 44 and the certificate of the time and place of the applicant and to notify the administration of insolvency within five working days from the date of the decision. The decision specified in the certificate no longer than two weeks from the date of the decision. 46. Certificate (annex 6) be issued for a period of two years. Certificates issued by the certificate of registry of the society. 47. The society home page on the internet about the administrator that has issued the certificate shall bear the following information: 29.3. first and last name;
47.2. the date when the society adopted a decision on the issue of the certificate;
47.3. the registration number of the certificate;

47.4. the period of validity of the certificate. 48. If society recognized as invalid certificates (the certificate is lost, stolen, destroyed or damaged are not renewable), the administrator shall issue a duplicate certificate. Prior to receipt of the duplicate of the certificate administrator displays the dock puts a fee for issuing a duplicate certificate of the administrator. The period of validity of the duplicate certificate is the same as for recognized certificate. 49. the success of the society administrative provisions and actual action on the applicant's training and the organisation of the examination, the examination, the administrator certificate is issued or on the refusal to issue a certificate for the month of May to challenge the bankruptcy administration. The decision of the administrators of the disputed administrative acts and actual action may appeal to the Court. V. Administrator qualifications development, certification and renewal of the certificate of attestation to 50, an administrator one month before the expiry of the certificate shall, in the report on the activities of the Association in the previous term of the certificate (annex 7) (hereinafter report). 51. If the administrator one month before the expiry of the certificate, the end does not submit the report, society within three working days from the date of the last period of time for the purposes of reporting, the administrator sent a request for information on the submission of the report to the atestē administrator. If within 10 days after you send the request, the administrator has not submitted a report, the society adopted the decision on the certificate of dissolution. 52. Society attesting the administrator and shall take a decision on attestation certificate of the administrator and the administrator certificate renewal up to the current period to the last working day. 53. The attestation shall be assessed by the administrator during the society's activities and skills the last two indicators on the administrator certificate the expiry year. Examining the report on the last two Admin certificate expiry years Association checks whether the administrator or administrators of the society issued a valid certificate (rules 55.3 and 55.4 this.). 54. the Administrator actions and skills scores on the last two Admin certificate expiry years estimated, adding that rule 55 of the above points. Administrator to settle at the tation!, total score of at least 20 points, which necessarily include this provision and in 55.3. specified 55.4 points. 55. In assessing the performance of an administrator is assigned points: 55.1. each administrator records launched but not completed the process of redress or insolvency proceedings — five points;
55.2. of every administrator a completed legal protection proceedings or insolvency process during the assessment period: 15 points;
55.3. for workshop (training, which takes place one day and not more than six hours) visit-five points. At least one in attendance the past two years the administrator certificate is compulsory;
55.4. about the course (training, which takes at least two days, and the total duration of the training is at least 16 hours) hearing-10 points. At least one course of the hearing in the last two years of operation of the administrator certificate is required;
55.5. for cancellation of administrator duties in a given legal protection or the insolvency process-minus 30 points;
57.5. each complaint submitted in insolvency administration, which by law are found irregularities – minus 10 points.
the procedures for supervision of 55.7. Insolvency administration irregularities found in the specific legal protection in the process of insolvency, the minus five points. 56. Courses and seminars administrator qualifications development organised by the society or the administration of the insolvency. Course and workshop contents meet the administrator training program or other administrator action-related issues. 57. On the society or the insolvency administration seminars and courses organised by the administrator pays the seminar or course fees set by the Organizer the Organizer a specified period before the seminar or course. If the administrator on the workshop or course not, pay for it is repaid in full. To recover the amount paid by the administrator during the month of the workshop or course days submit seminar or course organizer application with a request to repay the money. The application specifies the account to which the money was transferred. 58. If administrator actions and skills assessment of indicators satisfy this provision in paragraph 54 of the said conditions, the society adopted a decision on attestation certificate of the administrator and renewal and issue a new certificate with a previous certificate number, and defines its duration to two years from the previous certificate expire. 59. The provisions referred to in paragraph 58 of the decision, notify the administrator and insolvency administration within five working days from the date of the decision. 60. The society issued administrative provisions and actual action in connection with administrative and renewal of a certificate verifying the month may challenge the bankruptcy administration. The decision of the administrators of the disputed administrative acts and actual action may appeal to the Court. 61. A Person who, in accordance with article 16 of the law of insolvency, the fourth part has the right to acquire the certificate renewal, these rules determine the curriculum and organize the exam in accordance with the procedure laid down in these provisions. Vi. Certificate of dissolution and cancellation of 62. Association shall decide on the termination of the certificate if the administrator subject: 62.1. one of the insolvency law article 17 referred to in the first subparagraph;
62.2. paragraph 51 of these rules in a particular case;

38.7. summary the attestation and certificates for the renewal of the settlement is less than that referred to in paragraph 54 of the rules. 63. If administrator certificate in the event of termination, the insolvency administration submitted an application for the cancellation of the administrator, the insolvency practitioner and of duties of the insolvency process control regulations in accordance with the procedure laid down by the Court recommends another administrator candidate. 64. The society has the obligation to assess insolvency Administration proposed the issue of the certificate of dissolution and to respond to the administration of insolvency within 10 working days from the date of receipt of the proposal. 65. the decision on the society accepted the withdrawal of the certificate of the law of insolvency in the second paragraph of article 17 in the case in point. 66. If the subject matter of the certificate of dissolution or cancellation of the certificate, the society has the right to request the necessary information from the administrator on the question and, if necessary, invite an administrator to come to the relevant meeting. The administrator is not on the question of absence does not. 67. If the certificate or the certificate of operation ended void: 67.1. society of about one working day inform insolvency administration;
67.2. Insolvency administration after this rule 67.1. referred to information submitted to the Court an application for revocation of the administrator, insolvency administrator duties. After the abolition of the insolvency administrator, the administration of the insolvency process of regulatory laws in the order the Court recommends another administrator candidates;
67.3. the society shall specify the home page of the internet information for the administrator. 68. If the decision on the certificate of dissolution or cancellation of, a person under the procedures laid down in these provisions shall have the right to obtain the qualification of an administrator. 69. The society issued administrative provisions and the actual action of the certificate of dissolution or cancellation of the month may challenge the bankruptcy administration. The decision of the administrators of the disputed administrative acts and actual action may appeal to the Court. VII. Closing questions 70 to this provision for the entry into force of the issued certificates are valid until the period set therein. 71. the rules shall enter into force on 1 January 2009. Prime Minister i. Godmanis Justice Minister g. Smith annex 1: Cabinet of Ministers of 28 July 2008. Regulations No 598 G. Buchanan, Minister of Justice annex 2 Cabinet of 28 July 2008. Regulations No 598 G. Buchanan, Minister of Justice annex 3 of the Cabinet of Ministers of 28 July 2008. Regulations No 598 G. Buchanan, Minister of Justice annex 4 of the Cabinet of Ministers of 28 July 2008. Regulations No 598 G. Buchanan, Minister of Justice annex 5 Cabinet of 28 July 2008. Regulations No 598 G. Buchanan, Minister of Justice annex 6 The Cabinet of Ministers of 28 July 2008. Regulations No 598 G. Buchanan, Minister of Justice annex 7 Cabinet of 28 July 2008. Regulations No 598 Justice Minister g. Smith